A 39-year-old Malawian nurse, Chidawawa Mainje, has been arrested and charged with cyber harassment for allegedly insulting President Lazarus Chakwera online during a WhatsApp debate on governance.
According to free speech advocates in the southern African country, Mainje who was arrested in line with the Electronic Transactions and Cyber Security Act 2016 which prohibits insulting someone online, faces up to
five years in prison and a fine of $2,500 if found guilty.
Mainje was arrested on Tuesday after reportedly used an expletive on the instant messaging service about how the Chakwera has done nothing to change the lives of people who voted for him.
According to Michael Kayiyatsa, the Executive Director for rights group, Center for Human Rights and Rehabilitation, the arrest of Mainje was a violation of freedom of expression.
“The guy who was arrested was expressing an opinion which was not favorable to the president. But it’s within his right to express such views, and he is protected by Section 35 of our constitution.
“So, the best that police should have done is simply to provide advice, but this is somebody expressing their views,” Kayiyatsa said in a statement.
Another human rights activist, Billy Banda, the founder of Malawi Watch, said the police are now being used to help shield the current administration from public criticism.
“The police are not entitled in any way to sound like they are protecting one particular individual.
“Are the police able to look back? We had the former president, Professor Peter Mutharika. He was insulted. He never in any way arrested or directed anybody to be arrested.”
But Harry Namwaza, the deputy spokesperson for the Malawi Police Service, while defending the arrest of Mainje, said there was no way he could enjoy freedom of his rights while infringing on the rights of others.
“You can’t enjoy your freedom or your rights while at the same time you are infringing the rights of others. It doesn’t work like that. There should be a responsibility. So, it’s a criminal offense. That’s why we have arrested him,” Namwaza said.
“Of course, people may have different opinions, but we are bound to ensure that laws are being respected, laws are being enforced. So, we are just doing our job,” Namwaza added.
Mainje’s arrest comes a week after police arrested a 51-year-old man for allegedly insulting the Minister of Labour, Vera Kamtukule, in his WhatsApp group post.